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As of December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in the Material Compliance Checklist. Verification and Data Exchange Systems Architecture D. Prohibition on States Issuing Real ID Cards to Persons Who Hold a Driver's License in Another State F. In the NPRM, DHS proposed that States that would not be able to comply by May 11, 2008, should request an extension of the compliance date no later than February 10, 2008, and the proposal encouraged States to submit requests for extension as early as October 1, 2007.As of May 11, 2011, driver's licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID. Under this final rule, States must file requests for an initial extension no later than March 31, 2008.The Material Compliance Checklist is available at DHS' Web site at gov.The eighteen milestones are all mandatory requirements under the Act; one of the most important ones, however, is the State's ability to verify that the applicant is lawfully present in the United States.This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005. Citizens in this category will likely encounter significant travel delays. The Act also permits a State otherwise in compliance with the Act to issue driver's licenses and identification cards that do not conform to the Act's Page 5275 December 31, 2009, would still be required to enroll their existing driver population (estimated to be approximately 240 million) by May 11, 2013.

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As of December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in the Material Compliance Checklist. Verification and Data Exchange Systems Architecture D. Prohibition on States Issuing Real ID Cards to Persons Who Hold a Driver's License in Another State F. In the NPRM, DHS proposed that States that would not be able to comply by May 11, 2008, should request an extension of the compliance date no later than February 10, 2008, and the proposal encouraged States to submit requests for extension as early as October 1, 2007.

As of May 11, 2011, driver's licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID. Under this final rule, States must file requests for an initial extension no later than March 31, 2008.

The Material Compliance Checklist is available at DHS' Web site at gov.

The eighteen milestones are all mandatory requirements under the Act; one of the most important ones, however, is the State's ability to verify that the applicant is lawfully present in the United States.

This rule establishes standards to meet the minimum requirements of the REAL ID Act of 2005. Citizens in this category will likely encounter significant travel delays. The Act also permits a State otherwise in compliance with the Act to issue driver's licenses and identification cards that do not conform to the Act's Page 5274 requirements. DHS received over 21,000 comments on the NPRM and supporting regulatory evaluation during the sixty-day public comment period for this rulemaking action.

These standards involve a number of aspects of the process used to issue identification documents, including: Information and security features that must be incorporated into each card; application information to establish the identity and immigration status of an applicant before a card can be issued; and physical security standards for facilities where driver's licenses and applicable identification cards are produced. Document Standards for Issuing REAL ID Driver's Licenses and Identification Cards G. The Act authorizes the Secretary of Homeland Security, in consultation with the States and the Secretary of Transportation, to promulgate regulations to implement the requirements under this Act. Physical security features on the driver's licenses and identification cards designed to prevent tampering, counterfeiting, and duplication of the documents for a fraudulent purpose. Responses to those comments are set forth in Section IV of this final rule.

During the public comment period, a number of States and State associations noted that States obtaining an initial extension of the compliance date until Page 5275 December 31, 2009, would still be required to enroll their existing driver population (estimated to be approximately 240 million) by May 11, 2013.

This would essentially halve the phase-in period and create an untenable burden and increased costs on States who were committed to complying with the REAL ID requirements.

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See, The 9/11 Commission Report, Final Report of the National Commission on Terrorist Attacks upon the United States (July 2004) (9/11 Commission Report), p. The 9/11 Commission recommended implementing more secure sources of identification for use in, among other activities, boarding aircraft and accessing vulnerable facilities.

Statutory Authority and Regulatory History This final rule establishes minimum standards for State-issued driver's licenses and identification cards that Federal agencies can accept for official purposes on or after May 11, 2008, as required under the REAL ID Act of 2005. Fraud in identification documents is no longer just a problem of theft. Congress enacted the Act in May 2005, in response to the 9/11 Commission's recommendations. The Act requires DHS to determine whether a State is meeting the Act's requirements based upon certifications submitted by each State in a manner prescribed by DHS. Discussion of Final Rule DHS published an NPRM on March 3, 2007, proposing requirements to meet the minimum standards required under the Act.

The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver's licenses.

States unable to demonstrate this progress will not be able to receive an additional extension.

DHS has identified eighteen milestones, captured in the ``Material Compliance Checklist,'' that States must certify they have met in order to obtain an extension of the compliance deadline beyond December 31, 2009.

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